facts about chartering a state-chartered bank - Department of ...
facts about chartering a state-chartered bank - Department of ...
facts about chartering a state-chartered bank - Department of ...
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) Any material adverse comment is received by the <strong>Department</strong>;<br />
c) Other supervisory concerns, legal issues, or policy issues come to the attention <strong>of</strong> the <strong>Department</strong>;<br />
d) If applicable, any acquisition <strong>of</strong> fixed assets would cause the institution to exceed the <strong>state</strong> fixed asset<br />
limitation;<br />
e) Any other good cause exists for denial or removal.<br />
NOTE: If the applicant meets all <strong>of</strong> the criteria above, with the exception <strong>of</strong> the holding company size criteria, the<br />
application could still be processed in a timely manner. In such cases, the applicant should discuss the proposal with<br />
the <strong>Department</strong> prior to submitting the application.<br />
3a. PROCEDURES (EXPEDITED PROCESSING)<br />
Initial contact should be made by phone with the Corporate Manager at (770) 986-1645.<br />
1. When the entire organizers group has been formed, a meeting will be scheduled with the Commissioner, Senior Deputy<br />
Commissioner, and Deputy Commissioner for Supervision at the Office <strong>of</strong> the <strong>Department</strong> <strong>of</strong> Banking and Finance. A<br />
representative from the FDIC (and FRB, if applicable) will also be invited to attend the meeting. The application will<br />
be distributed during this meeting at no cost to the organizers.<br />
2. Publication <strong>of</strong> the public comment notification required by Rule 80-1-1-.04 may commence no more than five days<br />
prior to submission <strong>of</strong> the application with the <strong>Department</strong>. This publication shall be published in a newspaper <strong>of</strong><br />
general circulation in the community in which the applicant’s main <strong>of</strong>fice is located and in a newspaper <strong>of</strong> general<br />
circulation in any other community in which the applicant proposes to engage in business.<br />
3. The application should be filed concurrent with the appropriate Federal regulator. The applicant will be notified within<br />
ten (10) business days <strong>of</strong> receipt <strong>of</strong> the application. The <strong>Department</strong> will notify the applicant when the application is<br />
substantially complete. The <strong>Department</strong> and the FDIC may waive a formal field investigation. However, if a field<br />
investigation is determined necessary, the field investigation will be joint with the Federal regulator, when possible.<br />
4. For an application submitted under expedited processing, the <strong>Department</strong> should take action within 60 days <strong>of</strong><br />
acceptance <strong>of</strong> the application unless the processing time is extended by a request <strong>of</strong> additional information prior to or<br />
during the investigation process.<br />
NOTE: The application procedure will be extended in the event <strong>of</strong> any filing <strong>of</strong> a formal protest.<br />
3b. DOCUMENTS REQUIRED (EXPEDITED PROCESSING)<br />
1. Application which should include the exact street address location <strong>of</strong> the proposed main <strong>of</strong>fice or a specific location.<br />
The application should include the following also:<br />
a) Financial and Biographical forms on all proposed Directors, Officers, and shareholders <strong>of</strong> 10% or more <strong>of</strong> the stock<br />
to be <strong>of</strong>fered.<br />
b) Interagency Charter and Federal Deposit Insurance Application and all required exhibits. Please refer to specific<br />
exhibits and pages <strong>of</strong> exhibits on the application form itself.<br />
c) Three year business plan.<br />
d) CRA Statement.<br />
e) Affidavit required by Section 7-1-391, included in the State Certificate for Application.<br />
NOTE: An expedited application may be granted waivers on submission <strong>of</strong> certain financial and background<br />
information on the organizers. Where the de novo <strong>bank</strong> is purchasing and assuming the assets/liabilities <strong>of</strong> an existing<br />
branch(s), the amount <strong>of</strong> information required in support <strong>of</strong> the Convenience and Needs factor may be abbreviated since<br />
the <strong>bank</strong> would be replacing a competitor in the market.<br />
2. Certificate <strong>of</strong> name reservation with the Secretary <strong>of</strong> State’s Office pursuant to Code Section 7-1-131.<br />
3. Three copies <strong>of</strong> the Articles <strong>of</strong> Incorporation with original signatures and a check made payable to the Secretary <strong>of</strong> State<br />
for the applicable fee. Publisher’s affidavit and publication <strong>of</strong> the Articles as required by Code Section 7- 1-392, should<br />
also be provided when available.<br />
4. Publisher’s affidavit and public comment publication as required by regulation, or joint publication with Federal<br />
regulator.<br />
5. The filing fee as noted below.<br />
4. PROCEDURES (REGULAR PROCESSING)<br />
Initial contact should be made by phone with the Corporate Manager at (770) 986-1645.<br />
1. When the entire organizers group has been formed, a meeting will be scheduled with the Commissioner, Senior Deputy<br />
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